Aviva Equity Release Conveyancing Panel Recently Asked Questions from members of the public
Can you please explain the reason why all UK lawyers aren't included on the Aviva Equity Release Conveyancing panel?
Lenders point to the fact that solicitor-led fraud is thought to be responsible for millions of pounds of fraud every year. The removal of law firms off of lender panels started with the rise in mortgage fraud, which prompted a thematic review by the Financial Services Authority in 2011. Its outcome included recommendations for lenders to review their conveyancing panels, which kicked off a major policy change in the sector. It led to banks and building societies purging less reputable firms off their books
Much to my surprise my conveyancing solicitor has informed me that he requires proof of ID documents saying that this forms part of his legal duty as a conveyancer on the Aviva Equity Release Conveyancing panel. Is this right?
Anti-terror and anti-money-laundering rules require solicitors and licensed conveyancers to verify the identity of the person or body they are dealing with before they can accept their conveyancing business. The Client Care letter that you need to sign will no doubt confirm this. Your lawyer is right that Aviva Equity Release also require certain documents to be viewed. If a you refuse to provide ID verification documents, your conveyancer would not be able to accept instructions from you. Your lawyer also has obligations to obtain certain documents in accordance with Aviva Equity Release CML Handbook requirements last updated on Aviva Equity Release
I am looking to buy a flat and require a conveyancing solicitor in London who is on the Aviva Equity Release conveyancing. Can you recommend a local conveyancing firm?
Our service is a directory service for firms who wish to be listed as being on the approved conveyancing panel for Aviva Equity Release . We don’t recommend any particular firm.
Please explain the implications if my solicitor is suspended from the Aviva Equity Release Conveyancing panel prior to the completion date?
First, this is very unlikely to happen. In most cases even where a law firm is removed off of a panel the lender would allow the completion to go ahead as the lender would appreciate the difficulties that they would place you in if you have ti instruct a new solicitor days before completion. In a worst case scenario where the lender insists that you instruct a new firm then it is possible for a very good lawyer to expedite the conveyancing albeit that you may pay a significant premium for this. The analogous situation is where a buyer instructs a lawyer, exchanges contracts and the law firm is shut down by the regulator such as the SRA. Again, in this situation you can find lawyers who can troubleshoot their way to bring the conveyancing to a satisfactory conclusion - albeit for a fee.
What are the common reasons for a lender such as Aviva Equity Release to withdraw a mortgage offer?
Lenders such as Aviva Equity Release can withdraw their mortgage offer although this is unusual. If Aviva Equity Release withdraw their offer they may or may not inform you or the lawyer as to their reasoning. There are many potential reasons but here are a number of examples:
- If the financial circumstances of the borrower have changed to the detriment and the Aviva Equity Release has been notified
- If the borrower informs Aviva Equity Release of a change in security address
- Amendments if purchase price adjusted and the loan to value limits exceeded by this. Please note that Aviva Equity Release conveyancing panel solicitors would be obliged to notify Aviva Equity Release of a change in the price of the property.
- Where the lender is on notice of a restriction or a right of pre-emption which is not at market value
- If the lender reasonably believe that the applicant, borrower, mortgagor or guarantor is insolvent or is about to become insolvent or has or will have a petition presented or if any one or all enter into any arrangement with their creditors generally or if any one or all should suffer a material change in their financial circumstances
My ex -wife’s name is on the Aviva Equity Release mortgage of my property but not on the land registry. The apartment was transferred to me on our divorce many years ago by way of a sealed court order. Does my ex still have a say on the sale even though the land registry showing the property in my name alone? Will I be required to take her name of the Aviva Equity Release mortgage in order to sell?
In terms of the Aviva Equity Release mortgage, it is unusual that your ex-wife’s name remains on the mortgage but not on the title. It is conceivable that this is an oversight on the part of your conveyancers to ensure that her name was removed or even an administrative error on the part of Aviva Equity Release in failing to update their data. In any event, it should cause difficulty providing her name no longer appears on the Land Registry title and you have a court order ordering that the property is transferred to you.
Sometime soon me and my wife are buying a 1st floor apartment in Hendon. Conveyancing solicitors in Hendon need to beinstructed. My friendadvised that we enquire that the property lawyer in Hendon is on the Aviva Equity Release list of approved conveyancing firms. Is this really necessary?
Far from all Hendon conveyancing firms are on the Aviva Equity Release conveyancing panel. 8 people a month use our search tool to search for a Hendon conveyancing solicitor on the on the Aviva Equity Release approved list of lawyers.
